Ask a Question

Get free answers to your Adoption legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Adoption Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: Can I get custody of my niece?

My niece was removed from her mom due to drugs. My brother(out of state not in the picture) is the biological father. When my niece was removed she was placed with the mothers sister. My niece has recently been removed because of the aunt had kids fighting at her house and it is an unstable... View More

Brent T. Geers
Brent T. Geers
answered on May 27, 2019

Your ability to intervene depends in part on your brother's legal status to the child. I understand that he is the biological father, but is he the legal father? It sounds like with the removal, this case may be heading toward a termination proceeding, in which both the mom and your... View More

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: Ok did adoption in Michigan n the adopt parents kept babies name with my last name. .

They did this so medicaid would pay for babys hospital stay

As soon as they got back to atlanta...thwy changed his last name to theres when they moved. Isnt this illegal

Brent T. Geers
Brent T. Geers
answered on Apr 2, 2019

Likely not. Once the adopt is finalized, the adoptive parents have all the same rights (and responsibilities) that any parent has - including the right to petition a court to change a child's name.

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: What do I have to do for my Father to legally adopt me?

He is the man on my birth certificate, however, he’s not my biological.

Also, would my biological father have to get involved?

Brent T. Geers
Brent T. Geers
answered on Apr 2, 2019

I am confused by your question. If the man you consider to be your father is on your birth certificate, I don't think an adoption is possible or even what you're after. The adoption process is, very simplistically, a means to name a legal father. In the eyes of the law, that man is... View More

1 Answer | Asked in Adoption, Child Support and Family Law for Michigan on
Q: My son is 8 years old. His biological father is aware that the child exists but is NOT on the BC or signed an affadavit.

The Biological father moved out of state. If he comes back would he be ordered to support from the child's birth? State assistance was used for my son's prenatal and birth care. I am looking at getting married and doing a step parent adoption. I believe I would have to given him legal... View More

Brent T. Geers
Brent T. Geers
answered on Jan 12, 2019

Quite likely, yes. That aside, it would seem that you could still proceed with a step parent adoption, having his rights terminated for non-support.

1 Answer | Asked in Family Law and Adoption for Michigan on
Q: Does conservatorship end with the adoption of a minor? As the legal parent now, can I access my child's funds?

There is currently a secured bank account and I an required to file an annual accounting to probate Court

Maureen Martin Caster
Maureen Martin Caster
answered on Jan 22, 2018

The conservatorship continues until either the judge terminates it after you file a motion requesting it be terminated or the child turns 18. Most counties are going to continue the conservatorship and require the annual accountings.

1 Answer | Asked in Adoption for Michigan on
Q: My nephew was born meth addicted, the mother does not want to give him up. What are our chances of adopting?

She has a pending parole violation and possession charges. She has lost all rights to her previous child, and has a history of child abuse with her. She has only supervised visitation with this child. We have court approved custody at this point.

Brent T. Geers
Brent T. Geers
answered on Jan 11, 2018

I would say that you have a very good chance of adopting. It sounds like there is a pending abuse/neglect case, which could lead to termination of parental rights. The goal in those proceedings is reunification whenever possible (absent some extreme circumstances where immediate termination is... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Michigan on
Q: I take care of a son that is not my biological.He considers me his father. His mother offers no support.What rights do I

I dated a young lady for 7 plus years on and off we have not lived together for the last 2 years but her son still stays with me. She has not lived together for the last 2 years but her son still stays with me.

What rights do I have to get custody of the Son. I have enrolled him at school.... View More

Brent T. Geers
Brent T. Geers
answered on Oct 25, 2017

Your rights concerning the child are limited to what the mother willingly allows you to do. At any time, she can call her son home and not let you see him again. Or, the father could come in the picture and start a custody issue, of which you would have no dog in the fight.

There is a...
View More

1 Answer | Asked in Adoption for Michigan on
Q: Can I adopt my step daughter. Birth mom has not been in her life for 4 years
Brent T. Geers
Brent T. Geers
answered on Oct 25, 2017

Possibly. Assuming you are married to the other parent, and there would need to be a showing that Mom has been a no show AND no support over those years, or that she would consent to this adoption.

1 Answer | Asked in Family Law, Adoption, Child Custody and Domestic Violence for Michigan on
Q: If the judge that took my children was made to retire because of what he did. Shouldn't it be null and void!!

Shouldn't they have to redo all of the cases that were during that time? I also have where my ex stood up in court and plead guilty for abusing me and stood up in court and said that everyone that called I me lied. He through him self under the bus and explains everything in the letters. Than... View More

Brent T. Geers
Brent T. Geers
answered on Oct 16, 2017

The answer to your title question is no. Cases are not reheard whenever a judge retires. You have (or had) an opportunity to appeal; that is the appropriate way to address your issues.

1 Answer | Asked in Adoption for Michigan on
Q: If i have already volunteerly signed off my rights to my biological kids can i still adopt a kid?
Brent T. Geers
Brent T. Geers
answered on Sep 7, 2017

You can, but I imagine every adoption agency or court will scrutinize you with a fine-tooth comb. Time and a significant change of circumstances are to your benefit.

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: My boyfriend wants to adopt my 5 yr old son

My boyfriend and i have been together for almost 3 yrs and he wants to adopt my son but the biological dad hadnt been around only met him once and has been in prison since 2012 how can we get his right terminated so he can adopt him?

Neil Colman
Neil Colman
answered on Aug 7, 2017

Once the adoption process begins the court or your attorney will handle the termination of parental rights as is required by law. However, the adoption cannot be accomplished, or the process begun, unless the two of you marry. Then the courts generally want the parties' to be at least 1 year.... View More

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: What type of attorney do I need to stop an adoption even if my rights are terminated in Michigan?
Brent T. Geers
Brent T. Geers
answered on Aug 21, 2017

If your rights are terminated, you do not have legal standing to do anything concerning that child.

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: My 18 year old daughter wants to be adopted by my fiance. How do we go about that and how long does it take?

My fiance and I have been together and living together for 9 years. My daughter just turned 18 and lost her health insurance and we are trying to be able to get her on his insurance. Her birth father is not on birth certificate, never established paternity and hasn't seen her maybe 4 times her... View More

Neil Colman
Neil Colman
answered on Jun 12, 2017

Your daughter is 18 and an adult. You don't need the natural father's consent. Check with an experienced attorney in Probate matters regarding the adoption of an adult.

1 Answer | Asked in Adoption, Child Custody and Family Law for Michigan on
Q: My cousin is a felon and avid drug user. How can I get custody of her unborn child?

My aunt is raising and taking care of her other child but is not in the health to raise another. We want to keep the baby in the family but we don't want to wait for my cousin to mess up and land back in jail before I get the baby. Is there a way with her drug use and prior convictions that... View More

Neil Colman
Neil Colman
answered on May 28, 2017

You can't

1 Answer | Asked in Immigration Law, Adoption and Child Custody for Michigan on
Q: My babies father got deported, I'm going for adoption. He is against it, what now? What are his rights?
Kyndra L Mulder
Kyndra L Mulder
answered on Mar 30, 2017

Depending on the circumstances the father may have the right to prevent the adoption. I suggest you speak with an attorney familiar with adoption law.

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: My daughter was born in Florida and we reside in Michigan. Her father lives in Fla. Where would court be held?

He is not on the birth certificate and has never paid support. She doesn't even know him. Now he demands I give her to him or he will go to court. What are my options? Can she be legally adopted by the male figure in her life?

Jane A Bassett
Jane A Bassett
answered on Feb 23, 2017

If your child lives in Michigan with you, then in general Michigan would have jurisdiction to hear a step-parent adoption. The more complex question is whether or not her biological father has rights allow him to prohibit the step-parent adoption. If a court has found him to be the father through... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.